These General Terms and Conditions (hereinafter “GTC“) apply to the contractual relationship between Everon AG (hereinafter “Everon”) and its contractual clients (hereinafter “Client“) in addition to the asset management contract concluded between Everon and the Client. Everon has the right to adapt and amend these GTC at any time. When new GTC come into force, they shall be communicated to the Client by publication in an appropriate form on the Everon App (hereinafter “App”) and by means of in-app messaging and/or email. The version valid at the time shall be authoritative. Without objection of the Client within 30 (thirty) days from the effective date of the respective updated GTC, they are considered approved. In the context of the announcement of the amendment of the GTC, Everon shall separately inform the Client of his right to object, the objection period and the significance of his silence.
The contract between Everon and the Client includes the use of the app operated by Everon as well as the communication by phone, in-app messaging and email between Everon and the Client. The services in the App (hereinafter “Everon Services“) as well as the communication by telephone, In-App Messaging and e-mail between Everon and the Client are provided by Everon exclusively on the basis of the individual asset management contract with the Client and these GTC, as well as any separate terms and conditions and regulations issued by Everon, available at www.everon.swiss.
In addition to these GTC, the contracts concluded between the Client and these third parties and their general terms and conditions shall also apply in the relationship with the third parties (such as Hypothekarbank Lenzburg AG, Liberty Vorsorge AG, other online and mobile banking service providers, credit institutions or mobile payment providers). The contracting party with respect to the Everon Services is Everon. Within the scope of the Everon Services, Everon acts only as an asset manager and does not provide accounts or securities accounts. Everon is not a party to the contractual relationship between a Third Party Provider, such as a custodian bank or a pension foundation, and the Client.
Everon shall always endeavor to ensure unrestricted use and availability of the Everon Services provided. However, the Client acknowledges that access to Everon services may be temporarily limited for technical reasons (e.g. malfunctions, maintenance) or reasons beyond Everon’s control (e.g. force majeure, third-party fault).
The asset management contract between Everon and the Client on the use of Everon services comes into effect with the signing of the individual contract agreement by the Client (in writing, TAN procedure or TAN-like method such as advanced electronic signature). These GTC form an integral part of the individual contract agreement and are available to the Client in their respective valid form when the contract is signed.
In-app messaging in the Everon App is deemed to be an agreed digital channel within the meaning of the asset management agreement and these GTC. Email is explicitly not considered an agreed digital channel.
Data Protection and Data Retrieval, Bank Customer Secrecy and Other Secrecy Regulations
Everon is subject to the Federal Data Protection Act (“DPA“), and the Ordinance to the Federal Data Protection Act (“DPO”), as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (the General Data Protection Regulation), (“GDPR“), with respect to the collection, processing and use of its Clients personal data.
In particular, Everon processes the following personal data of clients: First name, last name, date of birth, email address, gender, address, country, nationality, hometown, tax domicile, U.S. residency/status information on U.S. person, marital status, telephone number, copy of identification document (e.g. passport, passport number), photo facial image (“selfie”), signature (advanced electronic signature with certificate (indicating geographic location), time of signature), AHV no, pension fund, asset situation (income, expenses, total assets) as well as personal data contained in answers to KYC questions, PEP status, risk and investment strategy, asset situation as well as other personal data which are necessary for the fulfillment of the (pre)contractual situation with the clients or due to legal or regulatory requirements (collectively “Customer Data“).
Everon processes Customer Data for the performance of the contract with the Client or pre-contractual measures, for the performance of the Everon Services, the provision of the App or other services, for the optimization of Everon’s services, for statistical or marketing purposes, improvement of customer satisfaction, due to legal requirements (e.g. KYC/AML) or other reasons described herein.
The Client is responsible for the completeness, updating and quality of the customer data and is obligated to immediately notify Everon in writing or via the digitally agreed channel of any changes in the customer data and/or to make appropriate adjustments. The same applies to relevant information, such as threats of litigation or the like. To the extent permitted by law, Everon assumes no liability or responsibility for damages or costs incurred by the Client or third parties as a result of incomplete information of customer data or relevant information.
Everon undertakes to protect customer data at all times by appropriate and state-of-the-art measures.
Disclosure of customer data
Everon only discloses customer data if this is necessary for the fulfillment of Everon services, the offering of the app, the fulfillment of a contract or due to pre-contractual measures, the Client has consented to a disclosure or as a result of legal or regulatory basis or obligations of Everon.
For the purposes stated herein, it may be necessary for Everon to also disclose or transfer customer data to third parties, such as contractual partners, affiliates, service providers, etc., located in third countries, outside of Switzerland and outside of the EU/EEA, which may not provide an equivalent level of data protection. Such disclosure of customer data abroad by Everon is in accordance with Art. 6 DPA or Art. 44 et seq. GDPR.
Notwithstanding the foregoing, Everon’s legal or regulatory disclosure or reporting obligations shall apply. Everon may be obliged to disclose customer data or other personal data to third parties, in particular (i) due to a legal or regulatory requirement (esp. disclosure, information and reporting obligations), as well as e.g. also as a result of the US CLOUD Act (ii) due to a decision or order of a court or authority (e.g. administration, stock exchange, competition commission WEKO); (iii) due to pending or threatened legal, criminal or administrative proceedings; (iv) for prevention, prevention of fraudulent and illegal activities including in case of reports or suspicion thereof; (v) to comply with legal or regulatory obligations (e.g. KYC, anti-money laundering and counter-terrorist financing, stock exchange or regulatory reporting obligations, tax regulations, audits, archiving regulations) or if Everon believes it has a duty to disclose.
Third party data
The Client is aware and expressly agrees that Everon, in order to fulfill the contract with the Client and/or in connection with the Everon Services, may receive or obtain personal data of the Client as well as data from Third Party Providers (such as from Hypothekarbank Lenzburg AG, Liberty Vorsorge AG), which may be subject to bank client confidentiality within the meaning of Art. 47 of the Swiss Federal Law on Banks and Savings Banks and, if applicable, other confidentiality provisions (e.g. the duty of confidentiality pursuant to Art. 86 BVG) (hereinafter collectively “Bank Client Data“). The Client agrees that Everon may process Bank Client Data and/or other confidential information of the Client for the purposes set forth herein and releases Everon from any confidentiality obligations (esp. bank client secrecy, data secrecy, confidentiality obligations) to the extent necessary.
With regard to bank customer data and data protection, bank customer confidentiality and other confidentiality provisions, the agreements, declarations and data protection notices concluded between the Client and the third-party providers shall apply. Everon is not a party to the contractual relationship between a third party provider and the Client. It is the responsibility of the Client to ensure compliance with such agreements with third party providers. To the extent permitted by law, Everon shall not be liable for any damages or costs incurred by the Client in this context. Everon relies on the Client’s cooperation to provide the Everon Services and cooperates with Third Party Providers.
Outsourcing of services
Everon reserves the right to outsource individual activities or business areas, in particular in the area of IT (e.g. collection and administration of customer data, preparation of transaction data, SMS service, newsletter service or the operation of databases), in whole or in part to other companies and to transfer the data required for this purpose to the respective service provider. For this purpose, Everon is authorized to allow outsourcing partners electronic access to the customer data stored in its own IT systems via its own and/or third-party networks and to establish user access to such outsourcing partners.
Processing, recording, disclosure, storage and deletion of data
All intellectual property rights remain with Everon or authorized third parties. For the duration of the contract, the Client receives a non-transferable, non-exclusive right to use the app and Everon services. The information can only be used for private use. It is prohibited to systematically retrieve content from the Everon app or to compile a database.
With respect to Everon’s asset management services, the liability provisions set forth in the Asset Management Agreement shall apply.
For the use of the Everon app, Everon’s liability is limited to intent and gross negligence. If there are signs of a defect in the Everon app, the Client is subject to the immediate duty to inform, i.e. defects must be reported to Everon in writing (via in-app messaging or email) or by telephone (duty to mitigate damages). Any further liability on the part of Everon is excluded. In particular, Everon assumes no liability for devices and software of the Client or for the transmission of electronically transmitted orders and/or communication via in-app messaging or telephone.
For the use of the Everon Services, the Client has the right to install the App for his own private use on a mobile device owned by him.
The Client undertakes to store its documents carefully and securely so that unauthorized persons cannot access the information contained therein. The Client shall observe all precautionary measures that minimize the risk of unauthorized access or the like. In particular, he shall keep access codes secret in order to prevent misuse. The Client shall be liable for any damage resulting from a breach of these duties of care.
The Client acknowledges that its devices and software are part of the system, but are outside Everon’s control and may become a vulnerability of the system. It is within the Clients sphere of influence to protect the device and software used by him at all times and in a professional manner against electronic attacks and use by unauthorized persons, as well as not to send sensitive and time-critical information, instructions (e.g. transaction-relevant information) to Everon via unencrypted e-mails or unprotected electronic communication channels, but to use those channels which are provided by Everon for this purpose and to check executed transactions immediately.
Everon shall take reasonable measures within the scope of due diligence customary in business to detect and prevent unauthorized access and the like. However, there is no obligation on Everon’s part to compare information and instructions transmitted to Everon by the Client or an authorized representative with other information and instructions of the Client.
The Client is prohibited from carrying out attacks on the functionality of the Everon services offered by Everon, such as the mass sending of e-mails (SPAM), hacking attempts, brute force attacks, the use or sending of spyware, viruses and worms. Violations of these rules will be punished immediately by warning, (temporary) blocking and/or complete exclusion from the use of Everon services by Everon. Everon reserves the right to take further legal action. Furthermore, Everon reserves the right to charge any damage caused by the offending Client.
Everon is not liable for events that are attributable to the sphere of influence of third parties (in particular custodian banks and pension foundations). This includes, among other things, the incorrect execution of orders by the custodian bank. The Client acknowledges that unencrypted e-mails and other unprotected electronic communication channels are not secured against access by unauthorized third parties and therefore entail corresponding risks. Everon shall not be liable for damages resulting from unauthorized access by third parties.
The Client is responsible for compliance with the legal and regulatory provisions applicable to him. This includes, among other things, the obligation to declare taxes. The Client further confirms that all information provided in the app as part of the onboarding process is true. Everon is not liable for damages resulting from false information provided by the Client, such as incorrect answers to questions regarding the Client’s financial situation.
The Client acknowledges that for access outside Switzerland it must observe the rules of the locally prevailing legal system, namely import and export restrictions for encryption algorithms.
The Client shall indemnify and hold Everon harmless from any and all claims asserted by third parties against Everon in connection with the provision of Everon services to the Client. The Client is liable for any costs associated with such claims, including any legal costs incurred by Everon due to an infringement of third party rights or unlawful acts by the Client. Everon reserves the right to further claims in any case. The aforementioned obligations only apply insofar as the Client is responsible for the relevant violation of rights and obligations, i.e. if it was committed intentionally or through gross negligence.
Everon may receive distribution compensation or other monetary benefits based on distribution agreements with product providers for its distribution activities, as well as for related services. These compensations constitute part of Everon’s consideration to the Client for the services provided.
If Everon receives such compensation, the surrender of which could be demanded by the Client pursuant to Art. 400 of the Swiss Code of Obligations, Art. 26 of the Swiss Financial Services Act (FinSA) or any other legal provision, the Client expressly waives this claim for surrender. This waiver shall be deemed to be an express waiver pursuant to Art. 26 para. 1 lit. a FinSA.
Detailed information on the basis and amount of this product-specific compensation and any resulting conflicts of interest can be viewed at any time at www.everon.swiss.
This information, as amended from time to time, constitutes an integral part of these GTC.
The asset manager has taken appropriate organizational measures in order to avoid conflicts of interest between himself and his clients or between his employees and the clients and to exclude disadvantages of the clients due to such conflicts of interest. If such a conflict of interest cannot be avoided, the asset manager must exclude any possible disadvantage to the Client as a result. If disadvantages can nevertheless not be excluded, the asset manager shall point this out to the Client in writing.
Fees for Everon services are governed by the applicable asset management agreements. Everon reserves the right to make changes and adjustments to the fees. The Client will be informed of the agreed digital channel and the regulations will be deemed approved without objection within 30 (thirty) days. The Client hereby confirms that he/she agrees to receive invoices in the app. The Client is responsible for the proper storage of the invoices.
The Client shall immediately notify Everon of all facts material to the business relationship, namely changes of name, address, marital status, tax residency, PEP status (politically exposed person), US person status. Furthermore, the Client must notify Everon of any changes in his financial circumstances that have been recorded for the first time during the onboarding process. These notifications may be made either in writing, by change in the App (in-app messaging), or by telephone notification. As soon as electronic documents and notifications from Everon are available to the Client in the app, they are deemed to have been delivered.
The communication channels accepted by Everon are telephone as well as in-app messaging as soon as available. Everon services are offered in German as well as English.
If the Client gives Everon instructions by telephone, the following shall apply:
The Client hereby expressly authorizes Everon to execute telephone orders. He is aware that the use of telephones involves considerable risks and that a verification of the legitimacy of the caller is not possible with conclusive certainty in each case. The Client acknowledges that Everon does not conduct any mandate-related communication via e-mail (except for newsletters, verification of e-mail address, etc.). For this reason, Everon reserves the right not to execute an order transmitted by telephone in case of doubt about the caller’s authorization. Everon may request written confirmation of an order placed by telephone at any time.
The Client is also aware that Everon is only available during the declared normal office hours. Everon assumes no responsibility for orders received outside normal office hours and does not take any special measures to ensure the receipt and execution of such orders.
All contractual agreements (incl. subsequent amendments and ancillary agreements) of the parties must be in writing and signed by Everon and the Client, or by the TAN procedure or a procedure similar to TAN (e.g. advanced electronic signature) in order to be valid. The parties agree that this procedure is equivalent to a handwritten signature analogous to the provision of Art. 14 para. 2bis OR (Swiss Code of Obligations).
In doing business with Everon, Saturdays are treated the same as a state-recognized holiday.
If individual provisions of these General Terms and Conditions should be or become partially or wholly invalid, unenforceable or incomplete, this shall not affect the validity of the remaining provisions. The invalid, unenforceable or missing provisions shall be replaced by provisions which the asset manager and the Client would have reasonably agreed upon if they had been aware of the invalidity, unenforceability or absence of the relevant provisions at the time of the conclusion of this agreement.
All legal relationships of the Client with the asset manager are exclusively subject to substantive Swiss law. To the extent permitted by law, the place of performance and exclusive place of jurisdiction for all proceedings is the asset manager’s domicile in Zurich (likewise the place of debt collection for clients without domicile or registered office in Switzerland). However, the asset manager also has the right to sue the Client at the competent court of his domicile or registered office or at any other competent court, whereby exclusively substantive Swiss law remains applicable.
Zurich, August 30, 2021 - GTC Everon AG, Version 1.1